Monster Energy Files Petition For A Writ of Certiorari With Supreme Court Seeking Reversal of 9th Circuit’s Arbitration Decision

Monster Energy has filed its cert petition with the Supreme Court seeking to reverse the 9th Circuit’s decision vacating an arbitration award in Monster’s favor related to its termination of a Washington state distributor.  The petition can be found here. Monster Energy claims that the Supreme Court needs to take this case to clarify the…Read More

6th Circuit Denies Rehearing in Michigan Retail Shipping Case

The 6th Circuit has denied the request for a rehearing en banc on the decision upholding Michigan’s law banning out of state retailer direct shipping.  The order noted, “No judge has requested a vote on the suggestion for rehearing en banc.” At this time, it is unknown if there will be an appeal to the…Read More

Total Wine Wins Injunction in Indiana District Court on Residency Challenge

Recently, the Indiana District Court for the Southern District of Indiana issued a preliminary injunction in support of Total Wine’s Complaint against  Indiana’s residency statute that requires 60% ownership by 5 year Indiana residents in order to hold a package store permit.   Previously, the Indiana ATC had denied the application based on the residency statute…Read More

Additional Retailer Shipping Lawsuit Filed in Rhode Island

I neglected to cover another federal lawsuit by Mssr. Tanford & Epstein filed late in 2019.   They have filed a dormant Commerce Clause challenge to Rhode Island law related to retailer shipping claiming laws that allow local retailers to deliver but not out of state retailers is a violation of the Constitution.  Their complaint can…Read More

Illinois State Court Issues Strong Ruling for the Illinois Beer Industry Fair Dealing Act

Illinois Circuit Court Judge Dorothy French Mallen conducted a five-week trial in a dispute from the litigious Shelton Brothers and their attempt to void distribution deals in the state of Illinois.  This case has a long history and originally started with a claim by Shelton Brothers against a distributor it sought to terminate seven years…Read More